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AVON CROWN CAPS & CONTAINERS NIG. LTD. V. S. O. BAMIGBOYE

(2003) JELR 53045 (CA)

Court of Appeal  •  CA/I/3/97  •  30 Jun 2003  •  Nigeria

Coram
MURITALA A. OKUNOLA, JCA (Presided and Read the Lead Judgment) SAKA ADEYEMI IBIYEYE, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA

Judgement

OKUNOLA, JCA (Delivering the Lead Judgment): This is an appeal by the defendant against the judgment of Odubiyi, J. sitting in Ogun State High Court holden at Otta (pp. 73-79 of the record).

The facts of this case briefly put are as follows: The respondent had claimed against the defendant the sum of N1,000,000 (One million Naira) being general damages for the injury suffered0 by the plaintiff when as a result of the defendant’s negligence, he was injured in an industrial accident while operating the defendant’s machine named Naroska 2 in the course of this employment on 10th August 1990. The relevant statement of claim is at pp. 3-80 of the record. The relevant amended reply to the amended statement of defence is at pp. 39-41 of record.

The parties gave evidence and called witnesses in support of their claim and defence. The plaintiff/respondent’s case is that on 10th August 1990 in the course of his employment with the defendant, he had a factory accident whilst operating a Naroska…

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